Ord 34-02ORDINANCE NO. 34-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS", BY ENACTING SECTION 35.056,
"DESIGNATION OF PERSONNEL AS CRITICAL TO
SECURITY", TO PROVIDE FOR FINGERPRINTING AND
BACKGROUND CHECKS FOR CERTAIN EMPLOYMENT
APPLICANTS AND EMPLOYEES FOR THOSE
DEPARTMENTS WHICH ARE DESIGNATED AS CRITICAL
TO SECURITY; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, there are certain employment positions which are designated as critical to the
security of the City; and
WHEREAS, the City Commission has determined it to be in the public's best interest to
subject both the employees and applicants of these designated positions to fingerprinting and
background checks in order to ensure safety and security.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DE1.RAY BEACH, FLORIDA, AS FOIJ.OWS:
Section 1. That Tide III, "Administration", Chapter 35, "Employee Policies and
Benefits", of the Code of Ordinances of the City of Delray Beach, is hereby amended by enacting
Section 35.056, "Designation of Personnel as Critical to Security" to read as follows:
Section 35.056 DESIGNATION OF PERSONNEL AS CRITICAL TO
SECURITY,
(A) All departments designated herein as critical to security, shall require that
any person appl.ving for. or continuing employment in, any such department or in any such
facility which is decided to be critical to security, shall be fingerprinted. The fingerprints
shall be submitted to the Department of Law Enforcement for a state criminal history
record check and to the Federal Bureau of Invesfi~tion for a national criminal history
record check. The information obtained from the criminal history record checks
conducted pursuant to the ordinance may be used by the City to determine an applicant's
eligibility for employment or appointment and may determine the employee's eligi~'bility for
continued employment. Refusal to submit to fingerprinting and background checks may
result in discipline up to and including termination of already existing employees or a
deei.4on not to hire new applicants.
(1) Employees from the following divisions and departments are hereby
designated as critical to seo~rity and thus all applicants and employees of the following
dep~'rtments and divisions shall be subjected to finge~rinring and back~ound checks:
(a) Police
(b) M~m?ment Information Systems
Fire-Rescue
(i) Exemptions: Fire Fighters, Fire Fighter
Candidates, and Paramedics shall be governed by applicable fingerprint
requirements as established by chapters 401 and 633 of the Florida Statutes and/or
other administrative rules attendant thereto; and with respect to new applicants.
they may be subjected to administrative background investigations in addition to
¢o~mty. state a_nd national criminal histot3r checks which are now or may be
established in the future by the Fire-Rescue Department.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
~ That this ordinance shall become effective immediately upon its passage on
second and final reading.
2 ORD. NO. 34-02
pASSED AND-ADOPTED
~ a~y of ~
in regular session on second and final reading on this the
,2002.
MAYOR
City Clerk
First Reading ~., ·
Second Reading
3 ORD. NO. 34-02
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~'7~'
AGENDA ITEM # [ ) O
ORDINANCE NO. ~4-02
POLICIES AND BENEFITS")
- REGUIJx_R MEETING OF AUGUST 20. 2002
(AMENDING CHAPTER 35 "EMPLOYEE
AUGUST 16, 2002
This ordinance is before Commission for second reading and public hearing to amend Chapter 35
"Employee Policies and Benefits" of the Code of Ordinances by enacting Section 35.056,
"Designation of Personnel as Critical to Security".
The Police, Management Information Systems, and Fire Deparm~ents have been designated as critical
to the security of the City. Ordinance No. 34-02 provides for the fingerprinting and
national/statewide background checks of the existing employees and new applicants of the Police and
Management Information Systems (MIS) depa~iments. This ordinance exempts existing Fire-Rescue
Deparmxent employees, but applies to new applicants when state and national laws are insufficient to
fulfill the City's security requirements.
At the first reading on August 6, 2002, the Commission passed the Ordinance No. 34-02
unanimously.
Recommend approval of Ordinance No. 34-02 on second and final reading.
S:\City Cletkkchevelle folder\agenda memo. Ord 34.02Employee.08.20.02 doc
CITY OF DELRI:IY BEI:I£H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
July 15, 2002
City Commission
David T. Harden, City Manager
Terrill C. Pyburn, Assistant City Attorney
Proposed Security Ordinance
Writer's D~rect Line 561/243-7090
Please disregard all prior proposed security ordinances. This proposed ordinance will
allow the City to run background checks and take the fingerprints of personnel that are
designated as critical to security. The ordinance will apply to Police and MIS employees
and applicants. The ordinance will also apply to the Fire-Rescue Department to the extent
that it will exempt existing Fire-Rescue Department employees but may apply
prospectively to new applicants where State and National laws are insufficient to fulfill the
City's security requirements.
Please place this matter on the August 6, 2002 City Commission Agenda for consideration.
Please let me know if you have any questions. Thank you.
Barbara Garito, City Clerk
Joe Safford, Director of Finance
Kerry Koen, Fire Chief
Jim Tabeek, Fire Inspector Lieutenant
ORDINANCE NO. 34-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DF.I,RAY BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF DF.I.RAY
BEACH, AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS", BY ENACTING SECTION 35.056,
"DESIGNATION OF PERSONNRI. AS CRITICAL TO
SECURITY", TO PROVIDE FOR FINGERPRINTING AND
BACKGROUND CHECKS FOR CERTAIN EMPLOYMENT
APPLICANTS AND EMPLOYEES FOR THOSE
DEPARTMENTS WHICH ARE DESIGNATED AS CRITICAL
TO SECURITY; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, there are certain employment positions which are designated as critical to the
security of the City; and
WHEREAS, the City Commission has determined it to be in the public's best interest to
subject both the employees and applicants of these designated positions to fingerprinting and
background checks in order to ensure safety and security.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DRI.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Tide III, "Administration", Chapter 35, "Employee Policies and
Benefits", of the Code of Ordinances of the City of Delray Beach, is hereby amended by enacting
Section 35.056, "Designation of Personnel as Critical to Security" to read as follows:
Section35,056 DESIGNATION OF PERSONNEL AS CRITICAL TO
SECURITY.
(A) All departments des'_umated herein as critical to security shall require that
any person applying for, or continuing employment in, any such department or in any such
facility, which is decided to be critical to security shall be fingerprinted. The fingerprints
shall be submitted to the Department of Law Enforcement for a state criminal history.
record check and to the Federal Bureau of Investigation for a national criminal history.
record check. The information obtained from the criminal history record checks
conducted pursuant to the ordinance may be used by the City to determine an applicant's
eliobility for employment or appointment and may determine the employee's eligijbility for
continued employment. Refusal to submit to fingerprinting and backgr~ ound checks may
result in discipline up to and induding termination of already existing empl0y¢¢s or a
decision not to hire new applicants.
(1) Employees from the following divisions and departments are hereby
des'mated as critical to security, and thus all applicants and employees of the following
departments and divisions shall be subjected to fmgexprmting and background checks:
(a) Police
(b) Managem_ ent Information Systems
(c) Fire-Rescue
(i) Exemptions: Fire Fighters. Fire Fighter
Candidates. and Paramedics shall be governed by applicable fingerprint
l:¢quirements as established by chapters 401 and 633 of thc Florida Statut¢~ and/or
other administrative rules attendant thereto: and with respect to new applicants.
they may be sub!ected to administrative back~ound investi_trations in addition to
county., state and national criminal history, checks which are now or may be
established in the future by the Fire-Rescue Department.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
SectioI1 5. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective mediately upon its passage on
second and final reading.
2 ORD. NO. 34-02
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 2002.
ATYEST
City Clerk
First Reading
Second Reading
MAYOR
3 ORD. NO. 34-02
C
lO0
AMENDMENTS, PROVIDING FOR
ZONING 8AJD LAND Rd-AAA (SIN-
GLE FAMILY RESIDENTIAL) DIS-
11~tCT, PROVIDING A GENERAL
REPEALER CLAUSE, ,( SAVING
MIS~dON OF 114E CITY (31: DEI..RAY
PRESENI1.Y ZONED R-1-.~.A (SINGLE
FAMILY I~SIDEI~I~A~) DISTRICT TO
11AL)DISTRICT, SND LARO BEING A
PARCEL LOCATED ON THE SOUll-I
MATELY 160 ~ FAST OF~E 6'tH
MORE pARTICULARLY DESCRIBED
HEP, EIN, MAEN~I~ '*ZOWNG MAP
I:~IOVIOING A GENERAL REPEALER
TO APPEAL ANY DECI-
BY THE crtY COMMIS-
TER CONSIDEF~-D AT THESE HEAaR-
INGS, SUCH PERSON MAY NEED TO
ENSURE THAT A ~R~TIM RECORO
INCLUDES THE TESTIMONY ANO EVI-
DENCE UPON WHtCH THE APPEAL I$
T0 BE BASEO THE Ci3Y OOCS NGT
PROVIDE NOR PREPARE SUCH
RECORD PURSUANT TO
286 0105
CIIY OF DELRAY BEACH
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